For Publius Sulla
Pro P. Sulla
Headnote
Cicero’s defence of Publius Cornelius Sulla — nephew of the dictator and consul-designate of 65 BC, condemned for ambitus (electoral bribery) along with his colleague P. Autronius Paetus and stripped of the consulship before he held it — now charged under the Lex Plautia (a law on public violence) with complicity in both the so-called “first Catilinarian conspiracy” of 66/65 BC and the conspiracy of 63 BC. The prosecutor is Lucius Manlius Torquatus the younger, son of the consul of 65 BC who, with Lucius Aurelius Cotta, took the consulship that Sulla and Autronius had won and lost; the prosecution is therefore the second strike of the same family quarrel, the first having stripped Sulla of office at the canvassing trial, this one seeking now to strip him of citizenship and the right to the fire and water of Italy. Cicero shares the defence with Quintus Hortensius: Hortensius, who knew the elder Torquatus’s counsels, takes the charges relating to the “first conspiracy”; Cicero, who as consul tracked down and crushed the second, takes those relating to his own consulship. The trial probably falls in the spring or early summer of 62 BC.
The strategic problem the speech has to solve is the problem of consistency. Cicero in December 63 had executed Lentulus, Cethegus, and three others without trial under the senatus consultum ultimum; Autronius, who had fled, he had since refused to defend; against Autronius indeed he had given evidence. To stand up now for a man whose consulship had been forfeited along with Autronius’s, who had been Autronius’s colleague in disgrace as in office, is on the surface a sharp inconsistency, and Torquatus has opened by accusing Cicero of regnum — of arrogating to himself a private kingship in the choice of whom to ruin and whom to save. Cicero answers that the cases are wholly unlike: Autronius was named by the Allobroges’ deposition, fought to break up his canvassing trial with hired gladiators, threw himself into the conspiracy from beginning to end; Sulla on the contrary lived through the whole crisis quietly at Naples, was named by no informer, accused by no witness, mentioned only once and then equivocally by Cassius to the Allobroges, and bore his earlier disaster with such modesty as to constitute his best testimony. The argument from the absence of evidence is unfolded with great skill (§11–67), each charge — the gladiators bought in Faustus’s name, the dispatch of Sittius to Spain, the men of Pompeii and the colonists, the bill of L. Caecilius to relieve the canvassing penalty — met in turn.
The peroration shifts from charge to character and finally to pathos. The conspirators were not men but beluae quaedam ex portentis, a kind of monstrous beasts in human form, the eruption of long and now despaired-of diseases of the commonwealth. Sulla, against that, is the man whose voice never wounded a citizen, who under the dictator pleaded for many lives, who in his disaster has avoided the city out of shame; the case is no longer about his life but about his burial. The speech closes on his small son, who knows the paths of the courts better than the paths of the Campus and the schools, and on Cicero’s plea to the judges to mitigate by mildness the severity of these months. Sulla was acquitted; he lived quietly through the 50s and (according to Caesar’s Civil War) commanded the right wing at Pharsalus in 48 BC.